IndiaPosted at: Oct 7 2026 8:28PM


CEC appointment law row: SC agrees to examine plea seeking recall of Sept 23 split verdict

Parmod Kumar

New Delhi, Oct 7 (UNI) The Supreme Court on Wednesday agreed to examine a plea seeking recall of its September 23 split verdict and common order on the Central government’s request to refer to a five-judge Constitution Bench the challenge to provisions of the law governing the composition of the committee for selection of the Chief Election Commissioner and Election Commissioners. The plea alleges a conflict-of-interest situation involving one of the two judges who heard the matter — Justice Satish Chandra Sharma.

Senior advocate Gopal Sankaranarayanan, appearing for the petitioner, mentioned the matter before a bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, seeking listing of the application.
He informed the bench that an interlocutory application had been filed seeking recall of the judgment delivered by a bench of Justice Dipankar Datta and Justice Satish Chandra Sharma.

Sankaranarayanan also told the bench that Jaya Thakur — the lead petitioner in the challenge to the 2023 law — had already filed a curative petition seeking recall of the September 23 split verdict.

“We will examine and take a call,” the CJI said.

The petitioners have raised an apprehension of bias against Justice Sharma after it emerged that his son is standing counsel for the Election Commission of India before the Madhya Pradesh High Court.

The September 23 verdict arose from petitions challenging Section 7 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The provision requires the President to appoint the CEC and Election Commissioners on the recommendation of a selection committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and a union Cabinet Minister nominated by the Prime Minister.

The 2023 law replaced the arrangement laid down by a five-judge Constitution Bench in its March 2, 2023 judgment, under which the Chief Justice of India was part of the selection committee until Parliament enacted a law.

During the hearing of the challenge to the 2023 Act, the Central government sought reference of the matter to a five-judge Constitution Bench, contending that the petitions raised substantial questions of law requiring authoritative determination.

On September 23, Justice Datta and Justice Sharma delivered differing opinions on the Centre’s plea for reference.
Justice Datta rejected the request, holding that the controversy involved application of settled constitutional principles, while Justice Sharma favoured consideration by a Constitution Bench.

Despite the divergence, both judges directed that the matter be placed before CJI Surya Kant for constitution of an appropriate bench to examine the challenge to the 2023 law.
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Tags: #CEC appointment law row: SC agrees to examine plea seeking recall of Sept 23 split verdict
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